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U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner by The Third Circuit Court of Appeals reversed an immigration detainee’s $642,398.57 attorney fee award, finding that “the District Court’s degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict.” …
Fraudsters Sentenced in Cornell Prison Construction Scheme by Brandon Sample A man who bilked almost $13 million from Cornell Corrections Corp. has been convicted of federal fraud and conspiracy charges, while two co-defendants pleaded guilty. In February 2010, Robert B. Surles was convicted by a federal jury in Atlanta, Georgia …
Article • October 15, 2010 • from PLN October, 2010
Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award by David Reutter by David M. Reutter The Washington State Supreme Court has held that a litigant who successfully gets an appellate court to vacate a prison disciplinary infraction and declare a statute unconstitutional is a prevailing party …
Article • October 15, 2010 • from PLN October, 2010
Exhaustion Excused Where Warden Misled Prisoner During Grievance Process by Brandon Sample Failure to exhaust administrative remedies may be excused when prison officials mislead a prisoner during the grievance process, the U.S. Court of Appeals for the Ninth Circuit decided on January 11, 2010. In May 2002, prisoner Gerson Nunez …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …
Female Assistant Attorney General Pleads Guilty in Wife-Beating Case by Mark Wilson An Oregon Assistant Attorney General (AAG) who defends against prisoners’ appeals in criminal cases was recently arrested for punching and strangling her wife; she entered treatment and pleaded guilty two weeks later. On February 12, 2010, AAG Susan …
Article • October 15, 2010 • from PLN October, 2010
Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread by David Reutter by David M. Reutter A February 2010 news report by The Tennessean, Nashville’s daily newspaper, revealed that juvenile offenders are regularly sexually abused at the Woodland Hills Youth Development Center. The investigation followed a U.S. Department of Justice …
Brief • October 14, 2010
Riker v. Gibbons, NV, Memo Supporting Pltffs Motion to Approve Class Action, Medical Treatment, 2010 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 DAVID RIKER, et al., 5 6 7 8 Plaintiffs, v. JAMES GIBBONS, et al., Case No. 3:08-cv-00115-LRH-VPC MEMORANDUM OF POINTS AND AUTHORITIES …
Brief • October 13, 2010
Johnson v Minneapolis Police Mn Excessive Force Third Party Arrest Taser 2010 SUMMARY OF THE CASE The case begins with the arbitrary, warrantless search and seizure of a young African-American man, Joseph McClennon, by Minneapolis police officer Paul Schweiger. The search ends with McClennon’s release and Schweiger tossing a drug …
Brief • October 12, 2010
Morris v Ohio Department of Rehabilitation and Correction Oh Judgment Guard Liability Prisoner Injury 2010 [Cite as Morris v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-5685.] Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us PETER A. …
Brief • October 11, 2010
Bain v Clark Vt Amicus Brief Public Records 2010 IN THE SUPREME COURT OF THE STATE OF VERMONT Docket No. 2009-468 Stephen Bain, Appellant v. Keith Clark and Tracy Shriver, Appellees Appeal from Vermont Superior Court, Civil Division, Windham Unit Docket No. 613-11-08 WMCV ______________________________________________________________________________ Brief Amicus Curiae of the …
Brief • October 8, 2010
Parker v Cumberland County Doc Nj Complaint Denial Medical Care Mrsa Infection 2010 Case 1:08-cv-06242-RBK -AMD Document 66 Filed 10/08/10 Page 1 of 11 PageID: 444 Jeremy D. Frey Michael T. Pidgeon PEPPER HAMILTON LLP Suite 400 301 Carnegie Center Princeton, New Jersey 08543-5276 Phone: (609) 452-0808 Fax: (609) 452-1147 …
Brief • October 7, 2010
Panagacos v Towery Wa Complaint Government Spying Activists 2010 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON JULIANNE PANAGACOS, MALLORY ) NO. 3:10-cv-5018 RBL HAGEL, STEPHANIE SNYDER, ) THIRD AMENDED EMILY COX, MOLLY PORTER, ) COMPLAINT FOR VIOLATIONS OF ANDREA ROBBINS, JULIA GARFIELD) CIVIL RIGHTS: VIOLATION …
Brief • October 6, 2010
Connick v Thompson Dc Trial Transcript Failure to Train Prosecutors 2010 Official - Subject to Final Review 1 IN THE SUPREME COURT OF THE UNITED STATES 2 - - - - - - - - - - - - - - - - - x 3 HARRY F. CONNICK, DISTRICT …
Brief • October 6, 2010
Wells v Bureau County Sheriff, IL, Order to Dismiss, wrongful death cell-check policy, 2010 1:08-cv-01128-MMM -JAG # 63 Page 1 of 5 E-FILED Wednesday, 06 October, 2010 02:46:59 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS ESTATE OF AUSTIN L. WELLS, Deceased, by JERRY …
Brief • October 4, 2010
Young v Oregon Department of Corrections or Settlement 2010 Case 3:09-cv-01497-ST Document 31-1 Filed 10/04/10 Page 1 of 5 Page ID#: 84 MUTUAL RELEASE AND SETTLEMENT AGREEMENT ("AGREEMENT") (1) There is currently an action pending; Daniel Youngv. State ofOregon Department ofCorrections, Robert Snider and Steve Shelton, U.S.D.C. Oregon Case No. …
Publication • October 1, 2010
Healthcare Copay Report, 2010 - Bureau of Prisons Federal Prisoner Health Care Copayment Act of 2000 Report to Congress Status Report: October 2010 Legislative Summary: On October 12, 2000, the President signed into law the Federal Prisoner Health Care Copayment Act of 2000 (P.L. 106-294) (codified at 18 U.S.C. § …
Brief • September 30, 2010
In Re Wtc Captive Insurance Company Settlement Medical Expenses Injuries 2010 WORLD TRADE CENTER LITIGATION SETTLEMENT PROCESS AGREEMENT, AS AMENDED The WTC Captive Insurance Company, Inc. (“WTC Captive”) and all of its insureds identified on the attached Exhibit A (“Insureds”), on the one hand, and all Primary Plaintiffs (as defined …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order Atty Fees, CDCR Public Records, 2010 f-- Ii L. F' ['1 '" n p c: c r-, ENC t~_. ) 1 ROSEN, BIEN & GALVAN, LLP 2 Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 3 Kenneth M. Walczak, Bar …
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